Lifeguard-Pro Terms & Conditions of Sale
This Lifeguard-Pro statement of Terms & Conditions of Sales is publicly published and appropriately located on Lifeguard-Pro.org. The terms and conditions of sale set forth on this page are legally binding and strictly govern the terms and conditions of all purchases from Lifeguard-Pro, Lifeguard-Pro.org, its employees, authorized representatives, authorized service providers, and authorized agents. As a buyer, it is your responsibility to understand the terms and conditions of sale of the good or service you are considering before you purchase it.
PAYMENT REFUND OF HOME-STUDY COURSE
Course Descriptions. The definition of all certification courses sold by Lifeguard-Pro, its employees, contractors, affiliates, authorized service representatives, instructors, or agents are published on this website webpage; and, all purchases of these certification courses from Lifeguard-Pro are subject to these certification course definitions published on this website.
Type of Good. The Lifeguard-Pro Home-study course is a non-tangible good (digital academic testing program) offered only online.
Delivery. The home-study course, and all copyrighted, proprietary and valuable materials contained therein are deemed delivered by Lifeguard-Pro to the buyer once Lifeguard-Pro emails or otherwise provides the buyer with the buyer’s purchased username & password to access the contents of the home-study course.
Irrevocable Sale. Once the buyer uses their purchased username & password to login to Lifeguard-Pro to access the Lifeguard-Pro home-study course to view, use or access the home-study course or any of the contained copyrighted, proprietary or valuable materials contained therein, the buyer is no longer entitled to any refund from Lifeguard-Pro. No refund can be issued because copyrighted, proprietary and valuable materials are held to market value and worth. Once the buyer has read, viewed, used or accessed the copyrighted, proprietary and/or valuable materials contained in the home-study course, Lifeguard-Pro cannot reclaim that value it provided to the buyer. Consequently, Lifeguard cannot issue any refunds to the buyer once the buyer logs into the Lifeguard-Pro home-study course using their purchased username & password.
Possible Refund Exceptions. We realize that exceptional circumstances can take place with regard to the character of the product we supply. Therefore, we will consider granting refunds in the following instances.
- Non-Delivery of the Product: Due to some email issues of your e-mail service provider or your own mail server you might not successfully receive a physical delivery or e-mail delivery from us. In this case, you must contact us within 3 calendar days from the date of purchase, so that we can provide you with assistance. Claims for non-delivery must be submitted in writing to Lifeguard-Pro via email within 3 calendar days from the date of purchase. Otherwise, the product will be considered to have been successfully physically delivered and/or electronically delivered.
- Technical Malfunction: It is possible that you may experience technical malfunctions inside the Lifeguard-Pro home-study course; such as problems associated with downloading files, opening files, saving files, viewing materials, or operating functions. If you experience one of these technical malfunctions within the Lifeguard-Pro home-study course, you must submit your claim within 3 days to Lifeguard-Pro via email, so that we can cure the malfunction for you. If you do not contact us within 3 days of your purchase, you agree that we may construe your silence as proof that you have successfully downloaded, opened, saved, and operated all files and functions to which you are entitled pursuant to your purchase of the Lifeguard-Pro home-study course; as such, you will have no further right of redress or refund for a technical malfunction issue. Failure to request assistance from Lifeguard-Pro for technical malfunction issues within 3 calendar days after purchase will result in a refund and exchange decline.
- Major Product Defects: Although all the products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted to Lifeguard-Pro to review and confirm that the product delivered is defective. We reserve the right to rectify the error or defect by fixing or replacing the defective product within 7 calendar days after the customer has notified us of the defect in writing via email. If any product defect is confirmed by Lifeguard-Pro, and we fail to correct it within 7 calendar days from the date of the initial complaint email provided by the customer, the refund will be issued to the customer in full. Alternatively, at customer’s request, Lifeguard-Pro will replace the product with a less or similar value product. Be advised that temporary remote access to your server or computer may be requested by our technicians to identify and fix the possible issues with our products on your server and/or computer. Failure to provide such access within 3 calendar days of our request may result in a delayed resolution of the issue. Refusal to provide access to your sever or computer for 7 calendar days after our request will result in your inability to qualify for a refund.
- Product Not-as-Described: Such issues must be submitted in writing via email to Lifeguard-Pro within 3 calendar days from the date of the purchase. Customer must provide clear and convincing evidence proving that the purchased course is not as it is described in the course description published on this website. Complaints which are based merely on the customer’s false expectations or wishes will not be not appropriate cause for a refund. Course descriptions are conveniently available for customer review on this website. The customer is required to thoroughly review a course’s written description prior to purchasing the course, that course description details what the course includes, does not include, and requires; as well as, the course price, and limitations of the course certification. Please keep in mind, we are accountable and responsible for delivering to the customer only what is included in the Course Description published on this website.
- Instructor-Led Training Not Included: Lifeguard-Pro provides only the online home-study course, associated record-keeping, and issuance of certification cards to candidates who prove that they have satisfied all course requirements. Lifeguard-Pro does not provide any instructor-led training. All course required instructor-led training is offered by independent, third-party, authorized service providers (Instructors). Lifeguard-Pro does not endorse, recommend, employ, contract or control any of these independent, third-party providers. Lifeguard-Pro is in no way responsible for the acts, errors, omissions or representations of any of these third-party providers. Buyer agrees to hold Lifeguard-Pro, its employees, contractors, and authorized representatives legally harmless from any acts, errors, omissions and representations made by any of these independent, third-party, authorized service providers (Instructors). Failure of any of these third-party providers to deliver products and/or services in a satisfactory fashion will not entitle a Lifeguard-Pro customer to any refund of the home-study course. Lifeguard-Pro is not responsible for providing any course required instructor-led training to the buyer. Lifeguard-Pro is only responsible for providing the online home-study course to the customer, which is the only product that a customer can buy from Lifeguard-Pro.
- Incompatible Software or Hardware: Lifeguard-Pro does not bear any responsibility and therefore will not grant any refund, return or exchange requests based on incompatibility of our products with the buyer’s computer, tablet or cellphone. Buyer’s might install some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions, firewalls, anti-virus programs, less popular browsers, etc.) which can interfere with the operation of the Lifeguard-Pro home-study course. Our home-study course is designed to function properly on Apple desktop/laptop computers and Microsoft desktop/laptop using as an internet browser, Chrome, Firefox or Internet Explorer. We do not guarantee that our home-study course is fully compatible with any other third-party programs, software or computers, and we do not provide support for third-party applications or hardware. However, as a courtesy, if you have a hardware or software problem accessing your purchased Lifeguard-Pro home-study course, you may contact Lifeguard-Pro for assistance; but, their assistance on third-party software or hardware issues is purely a courtesy and provided with no guarantees.
- Right to Cure. The customer agrees to email all customer product complaints to Lifeguard-Pro before initiating any charge-back and afford Lifeguard-Pro 14 calendar days to repair or replace the product. To provide expeditious product delivery, Lifeguard-Pro may deliver the repaired or replaced product to the customer via email attachment or valid download link. Lifeguard-Pro is always eager to assist you and deliver professional support in a timely manner.
PAYMENT REFUND OF INSTRUCTOR-LED TRAINING CLASS
Course Descriptions. The definition of all certification courses sold by Lifeguard-Pro, its employees, contractors, affiliates, authorized service representatives, instructors, or agents are published on this website and, all purchases of these certification courses from Lifeguard-Pro are subject to these certification course definitions published on this website.
Type of Good. The Lifeguard-Pro instructor-led training classes are services which are not provided by Lifeguard-Pro. Rather, the Lifeguard-Pro instructor-led training classes are provided by Lifeguard-Pro certified instructors acting as independent, third-party, authorized service providers. Consequently, the customer agrees that the customer will legally hold harmless Lifeguard-Pro, its employees, owners, operators, shareholders, or agents for any and all acts, errors, omissions, and representations of the instructor-led training instructor before, during or after the instructor-led training instructor provides the purchased instructor-led training classes to the customer.
Delivery. The Lifeguard-Pro instructor-led training class includes an instructor-led training class provided at the location, date and time reserved in writing by the customer and approved in writing by Lifeguard-Pro and/or the instructor-led training instructor. The instructor-led training class is deemed to be fully delivered, when the instructor-led training instructor arrives at the reserved location on the reserved date and time, and the instructor-led training instructor conducts the instructor-led training class that the customer purchased. It is the customer’s sole responsibility to ensure that all the customer’s Lifeguard-Pro certification course candidates participate in the purchased instructor-led training class. If one or more of the customer’s Lifeguard-Pro certification candidate’s fail to participate in the purchased instructor-led training class at the reserved location on the reserved date and time, neither the customer nor the candidate(s) are entitled to any refund or rescheduled instructor-led training class. The customer and/or candidate(s) that failed to attend the purchased instructor-led training class at the reserved location on the reserved date and time may request the instructor-led training instructor to conduct an additional instructor-led training class for an additional fee to which the customer and/or candidate(s), and the instructor-led training instructor agree.
Irrevocable Sale. Because there are travel, administrative, and other costs associated with an instructor-led training instructor traveling to the customer’s reserved location on the reserved date and time, and conducting the purchased instructor-led training class, neither a customer nor candidate(s) are entitled to any refund nor rescheduling of the instructor-led training class.
Possible Refund Exceptions. We realize that exceptional circumstance can take place with regard to the character of the service purchased. Therefore, we will consider granting refunds in the following instances.
- 72-Hour Cancellation Notice. The customer and/or candidate(s) notified Lifeguard-Pro and/or the instructor-led training instructor in writing at least 72-hours in advance of their reserved instructor-led training class that the customer and/or candidate(s) were cancelling the reserved instructor-led training class in its entirety. In this case, the customer or candidate(s) are entitled to a full refund of all instructor-led training fees. The customer nor candidate(s) will be entitled to any refund for their purchased Lifeguard-Pro home-study course(s). The customer and/or candidate(s) will be entitled to renegotiate a new purchase of a new instructor-led training class. However, the same price and benefits of the cancelled instructor-led training class might not apply to any new or rescheduled instructor-led training class.
- Instructor Did Not Provide Training. The instructor-led training instructor was unable or unwilling to provide the purchased instructor-led training class to the customer and/or candidate(s) on the reserved date.
How We Collect and Use Information
We collect the following types of information about you:
Information you provide us directly:
We ask for certain information such as your username, real name, birth date, address, phone number and e-mail address when you register for a Lifeguard-Pro account, or if you correspond with us. We may also retain any messages you send through the service, and may collect information you provide in user content you post to the service.
Information we may receive from third parties:
We may receive information about you from third parties. For example, if you access our websites or service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the Lifeguard-Pro application, linking your account to the Lifeguard-Pro service, etc., that third party may pass certain information about your use of its service to Lifeguard-Pro.
Inviting a friend to use Lifeguard-Pro:
Lifeguard-Pro may, in its sole discretion, develop a feature that allows you to invite third parties to the service. If you choose to use our invitation service to invite a third party to the service through our “Invite friends” feature, you may directly choose a friend to invite through your mobile device’s native contact list – but we do not require that you import your contacts list to the service, and we do not retain the information contained in your contacts list.
Finding your friends on the Service:
Lifeguard-Pro may, in its sole discretion, develop a feature that allows you to locate your friends with Lifeguard-Pro accounts through a “Find friends” feature. The “Find friends” feature allows you to choose to locate friends either through (i) your contact list, (ii) social media sites (such as Twitter or Facebook) or (iii) through a search of names and usernames on Lifeguard-Pro. If you choose to find your friends through your contact list, then you agree to provide Lifeguard-Pro access to your contact list such that we can perform the search necessary to determine whether or not someone associated with the information you provide is using Lifeguard-Pro.
We may directly collect analytics data, or use third-party analytics tools and services, to help us measure traffic and usage trends for the service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
Log file information:
Log file information is automatically reported by your browser or mobile device each time you access the service. When you use our service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the service, domain names, landing pages, pages viewed, and other such information.
Clear gifs/web beacons information:
When you use the service, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information is allows for more accurate reporting and improvement of the service.
When you access the service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device.
When you access the service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the service. Some features of the service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
Commercial and marketing communications:
We use the information we collect or receive, such as your email address, phone number, and physical address to communicate directly with you. We may initiate communication with you via email, text messages, and phone calls which can contain newsletters, promotions, updates, course information, and special offers. If you do not want to receive such communications from us you will be given the option to opt out or change your preferences.
Use of certain service type information we collect about you:
Sharing of Your Information
We will not rent or sell your information into third parties outside Lifeguard-Pro and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below:
- Who can see User Content: Any User Content that you voluntarily disclose for posting to the Service becomes available to the public and cannot be removed, except by Lifeguard-Pro in its sole discretion. Once posted on Lifeguard-Pro, User Content may not be removable from public view, as copies may remain viewable in cached and archived pages of the service, on other sites that have republished us, or if other users have copied or saved that information. If you do not wish your user content to be available to the public, please don’t post it on Lifeguard-Pro. Your username and if you choose to disclose it, your real name, will be published publicly. Once published your username and / or real name may not be able to be removed.
- Who can see your IP address: If you post user content on the service while not logged in, your IP address will be published with your user content in order to attribute your contribution to the service. A selection of Trusted Users with administrative powers on Lifeguard-Pro have the ability to review IP addresses of users to reduce abusive behavior. Any third party service embedded on Lifeguard-Pro such as an advertiser, video provider, social network or other third party will also have access to your IP address.
- Who can see your email address: If you enter an email address, you will enable communication from Lifeguard-Pro and other users. If you reply to users or participate in group Lifeguard-Pro activities such as meetups, your email address will be shared with these users. In addition, some email addresses such as blocked@Lifeguard-Pro.com forward to a group of Trusted Users, who will use your email address to reply to the email.
What happens in the event of a change of control:
We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, user content and other user information related to the service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.
Instances where we are required to share your information:
Sharing certain service type information we collect about you:
We may share certain service type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.): (i) with our third-party business partners for the purposes described in the section above on “How We Collect and Use Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.
Ads on Lifeguard-Pro:
How We Store and Protect Your Information
Storage and Processing:
Your information collected through the service may be stored and processed in the United States or any other country in which Lifeguard-Pro or its subsidiaries, affiliates, or service providers choose. Lfeguard-Pro may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
Keeping your information safe:
Lifeguard-Pro cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account.
Compromise of information:
In the event that any information under our control is compromised as a result of a breach of security, Lifeguard-Pro will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Your Choices about Your Information:
We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at Lifeguard-Pro via email.
Opting out of collection of your information for Tracking / Advertising:
Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Lifeguard-Pro or its business partners from tracking your browser’s activities in relation to the service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at Lifeguard-Pro via email.
How long we keep your private profile information:
Following termination of your user account, Lifeguard-Pro may retain your private profile information for a commercially reasonable time for backup, archival, or audit purposes. For the avoidance of doubt, any information that you choose to make public on the service may not be removable.
Lifeguard-Pro does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at Lifeguard-Pro via email.
Links to Other Websites and Services
LIMITATIONS OF THE LIFEGUARD-PRO CERTIFICAITON
RELEASE OF LIABILITY. The buyer, student, the student’s heirs, and legal designees agree to hold harmless Lifeguard-Pro, its owners, employees, agents, contractors, and instructors from any and all acts, errors, and omissions committed by the student while serving as a certified Lifeguard, WATER SAFETY SWM INSTRUCTOR, CPR cardholder, First Aid cardholder, or cardholder of any other Lifeguard-Pro certification. You understand that completion of this certification course does not guarantee employment with any employer. Employers may re-test prospective Lifeguard employees to whatever standard the employer deems necessary for employment or require Lifeguard employees to possess advanced training or certifications from only specific organizations or individuals. An employer’s refusal to hire the student as a Lifeguard or the student’s failure to secure employment as a Lifeguard will not entitle the student to any refund of the Lifeguard-Pro course tuition. Lifeguard-Pro does not guarantee certification acceptance in any jurisdiction or employment by any employer. Lifeguard-Pro certification does not indicate Lifeguard-Pro’s endorsement of the cardholder (student). Rather, it only signifies that the cardholder (student) has successfully completed the Lifeguard-Pro certification course.
Throughout the entire duration of the Lifeguard-Pro certification you are purchasing, the cardholder/certificant must: (1) Continuously improve, maintain and hone his/her certification course knowledge and skills; (2) Conduct himself/herself responsibly and professionally at all times while using this Lifeguard-Pro certification for employment or any other purpose; (3) Learn, obey and enforce all applicable laws, regulations, and rules governing the safe operation of any aquatic facility where he/she will use his/her Lifeguard-Pro certification for employment or other purpose; (4) Immediately cease any employment and immediately obtain the appropriate knowledge and training, if he/she becomes aware that he/she is not adequately prepared to properly respond to all foreseeable emergencies at his/her workplace; (5) Not commence using his/her Lifeguard-Pro certification for employment or other purpose, until he/she has participated in a thorough employer-lead orientation, and a comprehensive employer conducted review of all his/her Lifeguard-Pro certification knowledge and skills, which shall include, but not be limited to, facility orientation, review of all Lifeguard-Pro certification skills and knowledge, practice of emergency response procedures, practice with available emergency response equipment, and emergency response practice with fellow employees and/or staff; (6) Rehearse his/her Lifeguard-Pro certification course knowledge and skills for no less than 4.0 hours of on-site in-service training per month at his/her place of employment where he/she is using his/her Lifeguard-Pro certification as a condition of your employment or service; and, (7) On a monthly basis, review, refresh and practice all skills and knowledge contained in his/her Lifeguard-Pro certification course (including, but not limited to, course textbooks, course exams, course videos, course notes, and course physical skills). During the period that his/her Lifeguard-Pro certification is valid, if Lifeguard-Pro receives credible information that he/she has not conducted himself/herself in accordance with the conditions set forth in this paragraph, Lifeguard-Pro may immediately suspend or terminate his/her Lifeguard-Pro certification, without granting him/her a refund or the right to appeal the suspension or revocation of his/her certification.